SRINAGAR: The Jammu and Kashmir high court has directed the Centre and chief election commissioner to act against politicians who seek people's mandate in elections by invoking religious nationalism, to prevent them from subverting the Constitution of the country.

"In our constitutional philosophy, there is only one 'ism that is Indianism. All other isms are sworn enemies of Indianism. Any person claiming to be Hindu nationalist, Muslim nationalist, Sikh nationalist, Buddhist nationalist or Christian nationalist is not only working against Indianism but against the very thought of India," Justice Muzaffar Hussain Attar said in a landmark judgement earlier this week.

Disposing of a petition filed by Kashmiri Pandits seeking protection of their religious places, Justice Attar observed that it appears that "in terms of Constitution of India, which guarantees all the rights, which include right to practice and profess one's religion and faith, there was no requirement of bringing in expression 'secularism' in the preamble of the Constitution.

"This expression has evoked sharp reaction from a section of population and divided people of the country into different pigeon holes of different isms. A very serious and potential threat is posed to the very existence of the idea of India by the fringe elements, who take cover under various types of isms other than Indianism.

"India is not a Hindu, Muslim, Sikh, Buddhist or Christian India. It is India which is born from the bosom of unrelenting struggle of millions of people," he said.

The court directed all constitutional authorities and the Union government to ensure that anyone attempting to subvert Constitution of India is stopped by taking recourse to the provisions of the law.

Nothing like Hindu or Muslim nationalism exists in India: Kashmir high

BJP prime ministerial candidate Narendra Modiâ€™s remark that he was a â€˜Hindu nationalistâ€™ stirred a debate earlier this year, but the Jammu and Kashmir high court has ruled that any person claiming affiliation with any form of religious nationalism shall be barred from contesting elections.

â€œIn our constitutional scheme, a citizen of India is only an Indian. No person can claim himself to be a Hindu nationalist, Muslim nationalist, Sikh nationalist, Buddhist nationalist or a Christian nationalist,â€ justice Muzaffar Hussain Attar said in the ruling on Thursday.

â€œThe constitutional provision is loud and clear (about it) and in unambiguous terms forbids using such expression,â€ he added.

Justice Attar said a very serious and potential threat is posed to the very existence of the idea of India by â€œthe fringe elements, who take cover under various types of â€˜ismsâ€™ other than Indianismâ€.

Attarâ€™s observation came while hearing a petition filed by Sanjay Tickoo, president of the Kashmiri Pandit Sangarsh Samiti (KPSS), a body of Kashmiri Pandits who stayed back in the valley in the face of armed rebellion in 1990s.

Tickoo had moved a petition on safeguarding the Hindu temples in the valley saying â€œthe â€˜secularâ€™ character of the Constitution would require the state and its authorities to protect the religious placesâ€.

The petition said some non-Kashmiri Mahants had illegally allowed use of religious properties for commercial purposes and sought action against them.

The judge has directed the chief secretary â€œto take all required steps in accordance with law for protection of religious places of Hindus.â€

Earlier this year, Modi described himself as a â€˜Hindu nationalistâ€™ because he was a born Hindu.

â€œI am a nationalist. I'm patriotic. Nothing is wrong. I am born Hindu. Nothing is wrong. So I'm a Hindu nationalist,â€ he said in Gujarat in July this year during an interview with an international news agency. His remarks ruffled many a feather.

However, justice Attar said, "A person, who persists in use of such expression/s and, in fact, believes in such a thought, has to be dealt with according to constitutional mandate and other laws of the land."

BJP prime ministerial candidate Narendra Modiâ€™s remark that he was a â€˜Hindu nationalistâ€™ stirred a debate earlier this year, but the Jammu and Kashmir high court has ruled that any person claiming affiliation with any form of religious nationalism shall be barred from contesting elections.

â€œIn our constitutional scheme, a citizen of India is only an Indian. No person can claim himself to be a Hindu nationalist, Muslim nationalist, Sikh nationalist, Buddhist nationalist or a Christian nationalist,â€ justice Muzaffar Hussain Attar said in the ruling on Thursday.

â€œThe constitutional provision is loud and clear (about it) and in unambiguous terms forbids using such expression,â€ he added.

Justice Attar said a very serious and potential threat is posed to the very existence of the idea of India by â€œthe fringe elements, who take cover under various types of â€˜ismsâ€™ other than Indianismâ€.

Attarâ€™s observation came while hearing a petition filed by Sanjay Tickoo, president of the Kashmiri Pandit Sangarsh Samiti (KPSS), a body of Kashmiri Pandits who stayed back in the valley in the face of armed rebellion in 1990s.

Tickoo had moved a petition on safeguarding the Hindu temples in the valley saying â€œthe â€˜secularâ€™ character of the Constitution would require the state and its authorities to protect the religious placesâ€.

The petition said some non-Kashmiri Mahants had illegally allowed use of religious properties for commercial purposes and sought action against them.

The judge has directed the chief secretary â€œto take all required steps in accordance with law for protection of religious places of Hindus.â€

Earlier this year, Modi described himself as a â€˜Hindu nationalistâ€™ because he was a born Hindu.

â€œI am a nationalist. I'm patriotic. Nothing is wrong. I am born Hindu. Nothing is wrong. So I'm a Hindu nationalist,â€ he said in Gujarat in July this year during an interview with an international news agency. His remarks ruffled many a feather.

That's funny coming from a region where most people don't count themselves as Indians and don't allow other Indians to settle and where Jihadis have been waging a war against Hindus since 80s.

Click to expand...

wrong.people from kashmir regard themselves as indians,even though small percentage of people are with pakistan.this includes muslims
indian constitution doesn't allow a non kashmiri person to buy a property or settle in kashmir.
jihadis are currently extinct/endangered species in jammu and kashmir.with effort from indian army their extinction from J&K and PAKISTAN depends purely on political commitment

That's funny coming from a region where most people don't count themselves as Indians and don't allow other Indians to settle and where Jihadis have been waging a war against Hindus since 80s.

Click to expand...

This is the beauty of secularism!

Wipe out Hindus from your regions, then claim secularism and use this BS secularism to denounce Hindu nationalism which is the only roadblock for the nefarious designs of these secular people....start is Kashmir then it's Assam, bengal and so on!

That's funny coming from a region where most people don't count themselves as Indians and don't allow other Indians to settle and where Jihadis have been waging a war against Hindus since 80s.

Click to expand...

This thing i really dont like that Indians cant go and settle in Kashmir but Kashmiris can come and settle anywhere in India . These Kashmiris are flooding all over India and do get lot of benefits from the central government . Be it Kashmiri Pandits, kashmiris Muslims , they all live good lives compare to Indians as they get all of ours tax money .

Wipe out Hindus from your regions, then claim secularism and use this BS secularism to denounce Hindu nationalism which is the only roadblock for the nefarious designs of these secular people....start is Kashmir then it's Assam, bengal and so on!

Click to expand...

Who is getting wiped out and from where ? Mainland India is being flooded by Punjabis and Kashmiris and on that Gujrathis are keep on moving towards South . Where as South Indians are very less in North India .

I fail to understand What Modi has said was according to the context of the question asked by the interviewer not him proclaiming himself hindu nationalist!

The original question from journalist was when asked people say you are hindu nationalist!
His reply was logic, if by birth he is a hindu and he became a nationalist then he is called hindu nationalist what is wrong in that?
Or do we have to have political correctness here too?
If i am born hindu i would say im hindu and if im communist or nationalist i would say i am affiliated to such

Who is getting wiped out and from where ? Mainland India is being flooded by Punjabis and Kashmiris and on that Gujrathis are keep on moving towards South . Where as South Indians are very less in North India .

Click to expand...

I never knew South Indians are being ethnically cleansed by Gujaratis the way secular people did to Kashmiri communal Hindus!

BTW I find ever increasing south Indian population in North India cities from engineers to nurses they are all flooding the North!